Class Arbitration Employment Class Actions
January 15, 2013 / February 26, 2019 by mindgrub
The U.S. Supreme Court’s 2011 decision in AT&T Mobility LLC v. Concepcion, upholding the enforceability of a class action waiver in a consumer arbitration agreement, was applauded by employe...
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Consumer Class Actions
January 11, 2013 / February 26, 2019 by mindgrub
As recently discussed on this blog, the Seventh Circuit – in an opinion authored by Judge Posner – reversed a district court’s denial of class certification regarding claims involving Whirlp...
January 8, 2013 / January 10, 2023 by mindgrub
In a recent Seventh Circuit decision that has received much attention, Judge Posner explained the predominance requirement of Rule 23(b)(3) in a way that no doubt will be cited frequently by...
Uncategorized
December 27, 2012 / January 10, 2023 by mindgrub
A few weeks ago I read a blog post by a contributor to Forbes, expressing concern that the Supreme Court is "trying to impose substantial restrictions on class actions." The post gets off t...
Employment Class Actions First Circuit Decisions
December 2, 2012 / January 4, 2023 by mindgrub
In our last post, Katy Rand ?explored both the substantive Massachusetts employment law issues and the Rule 23(a)(4) analysis in the First Circuit's recent Starbucks tips case. This post wi...
November 14, 2012 / February 26, 2019 by mindgrub
Last week, in Download Matamoros et al v Starbucks Corporation, the First Circuit Court of Appeals affirmed decisions of the District of Massachusetts (Hon. Nathanial M. Gorton), granting cl...
October 27, 2012 / January 4, 2023 by mindgrub
This week I had the privilege of serving as a panelist at the ABA's 16th Annual National Institute on Class Actions. This year's' program, like last year's, was organized and moderated by D...
Employment Class Actions US District Court - Mass
October 23, 2012 / February 26, 2019 by mindgrub
In George v. NWMCC, CA No. 10-10289-DJC (D. Mass., September 27, 2012), United States District Judge Denise Casper granted class certification to a group of employees and former employees of...
October 2, 2012 / January 4, 2023 by mindgrub
After the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, it was fashionable for some in the plaintiffs' bar to argue that the deciding factor was the size of the class. After all, it...
Employment Class Actions
September 24, 2012 / February 26, 2019 by mindgrub
The Sixth Circuit Court of Appeals recently issued a decision in Frye v. Baptist Memorial Hospital, Inc., which includes a discussion of some of the basics of Fair Labor Standards Act (FLSA)...